Samuel Stephen Biggs v. State

• Court: Court of Appeals of Texas
• Decided: December 31, 2014
• Docket: 04-14-00722-CR
• Status: Published

Opinion

The State of TexasAppellee/s

Fourth Court of Appeals San Antonio, Texas December 29, 2014

No. 04-14-00722-CR

Samuel Stephen BIGGS, Appellant

v.

THE STATE OF TEXAS, Appellee

From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2013CR1339W Honorable Philip A. Kazen, Jr., Judge Presiding

ORDER Appellant’s court-appointed attorney has filed a brief and motion to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967), in which he asserts there are no meritorious issues to raise on appeal. Counsel sent copies of the brief and motion to withdraw to appellant, Samuel Stephen Biggs, and explained to Biggs his rights to review the record, file a pro se brief, and file a pro se petition for discretionary review if this court determines the appeal is frivolous. See Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014). In addition counsel’s letter advised appellant to immediately file a motion in this court if he wished to review the appellate record and enclosed a form motion for this purpose. See id. No timely request for record was filed in this court.

If appellant desires to file a pro se brief, we order that he do so on or before January 28, 2015. The State has filed a notice waiving its right to file a brief in this case unless appellant files a pro se brief. If appellant files a timely pro se brief, the State may file a responsive brief no later than thirty days after appellant’s pro se brief is filed in this court.

We further order the motion to withdraw filed by appellant’s counsel is held in abeyance pending further order of the court. See Penson v. Ohio, 488 U.S. 75, 80-82 (1988) (holding that a motion to withdraw should not be ruled on before appellate court independently reviews the record to determine whether counsel’s evaluation that the appeal is frivolous is sound); Schulman v. State, 252 S.W.3d 403, 410-11 (Tex. Crim. App. 2008) (same). Accordingly, no new attorney will be appointed for appellant at this time. We further order the clerk of this court to serve a copy of this order on appellant, his counsel, the attorney for the State, and the clerk of the trial court.

_________________________________ Karen Angelini, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 29th day of December, 2014.

___________________________________ Keith E. Hottle Clerk of Court